GIFT  OF 


..THE.. 


NEW  RIVER  BASIN 


AND 


LOWER  CALIFORNIA 


IRRIGATION 


ENTERPRISE 


OF  THE 


CALIFORNIA  DEVELOPMENT  Co 


c,* 


...CONTENTS... 

Description  of  the  Enterprise,      ..... 
Report  of  C.  R.  Rockwood,  Engineer, 
Report  of  Land  Expert,  Wm.  Sutherland,     . 
Statements  of  Justin  S.  Moore  and  Wm.  Denton, 

Legal  Opinion  of  Judge  Sepulveda  on  titles  and  privileges 
under  the  Mexican  law,         ..... 

Gift 


Page 


1 1 
21 

25 

27 


THE  NEW  RIVER  BASIN  AND 
LOWER  CALIFORNIA 

IRRIGATION  ENTERPRISE. 


In  any  irrigation  enterprise  the  principal  points  for  the  investor  to 
examine  are  : 

THE    LAND,    AS    TO    ITS    LOCATION,  CHARACTER,  CLIMATE,  AND    STATUS 
OF    OWNERSHIP. 

THE    WATER    SUPPLY,    ITS    QUANTITY    AND    QUALITY. 

PRODUCTS,    AND    MARKETS. 

TRANSPORTATION    FACILITIES,    EXISTING    AND    PROSPECTIVE. 

ENGINEERING    FEATURES,    OR    THE     PHYSICAL     CONDITIONS    THAT    CON- 
TROL   THE    DEVELOPMENT    OF    THE    ENTERPRISE. 

WORK    ACCOMPLISHED. 

VALUE    OF    LAND    WITH    WATER. 

POSSIBILITIES    OF    SETTLEMENT,    AND    POPULATION. 

CONTINGENT     FACTORS     THAT     WILL     ADD     TO     THE     SUCCESS     OF     THE 
ENTERPRISE. 

In  the   following   synopsis   of   the    New    River   Basin    and  Lower 
California  enterprise,  we  propose  to  treat  as  briefly  as  possible  each  of 

the  points  named. 

/ 

LANDS   TO   BE   RECLAIMED. 

Location. — The  lands  to  be  reclaimed  are  situated  in  San  Diego 
and  Riverside  Counties,  California,  U.  S.  A.,  and  in  the  north-eastern 
corner  of  Lower  California,  Mexico.  The  center  of  the  tract  is  about 
100  miles  east  from  the  city  of  San  Diego.  The  location  is  more 
definitely  shown  on  the  annexed  map. 

How  formed. — This  region  was  at  one  time  included  in  the  Gulf 
of  California  ;  but  the  erosions  of  the  Colorado  River  have,  in  past 

i 


5077;")? 


ages/ fflCe&  wtf;B*(sed*iJrten{  £h&  upper  portion  of  the  Gulf,  and  reclaimed 
from  the  Sea  the  tract  that  we  now  propose  to  irrigate. 

Acreage. — The  acreage  of  first-class  lands  reclaimable  by  the 
proposed  system  of  canals,  is  approximately,  1,600,000 — 900,000  being 
in  the  United  States. 

Topography. — The  entire  tract  is  wonderfully  smooth.  It 
contains  no  rolling  lands. 

Elevations  in  Lower  California. — The  Lower  California  tract 
slopes  gradually  from  an  elevation  of  120  feet  above  sea  level,  at  the 
canal  heading,  down  to  sea  level  at  the  Gulf,  and  also  to  sea  level 
near  where  the  New  River  crosses  the  International  Line.  (See  map.) 

In  California. — The  Colorado  River  formed  a  clear  cut  channel 
through  the  Lower  California  Delta,  before  that  arm  of  the  Gulf  which 
extended  north-west  to  Indio,  was  entirely  filled  with  sediment.  In 
consequence  thereof,  the  major  portion  of  the  tract  lying  in  the  United 
States  is  in  a  Basin,  the  lowest  portion  of  which,  called  the  Salton 
Sink,  is  280  feet  below  the  level  of  the  sea. 

Character  of  Soil. — With  the  exception  of  30,000  acres  of  Mesa 
lands  under  the  East  branch  survey,  the  entire  body  of  irrigable  lands 
between  the  Salton  Sink,  and  the  River,  is  an  alluvium,  formed  by  the 
Colorado  River.  This  area  embraces  no  tracts  of  sand,  it  is  very 
fertile,  and  remarkably  even  in  its  structure.  The  soil  contains  from 
10  to  20  per  cent,  of  clay  ;  hence  is  strong  and  retentive  of  moisture. 
Some  patches  of  salt  lands  exist  in  Lower  California  ;  but  these  are 
excluded  from  our  estimate  of  good  land,  notwithstanding  the  fact  that 
local  experience  has  demonstrated  that  these  salt  lands  are  rendered 
clean  and  productive  by  the  application  of  wa'er.  The  sedimentary 
deposit  is  from  20  to  200  feet  in  depth. 

Vegetation. — A  large  part  of  the  Lower  California  tract  is 
covered  with  a  dense  vegetation.  Groves  of  cottonwood,  mesquite  and 
willow  alternate  with  areas  covered  with  native  grasses,  arrow  weed, 
greasewood  and  wild  hemp. 

In  the  United  States  timber  is  found  along  the  Salton  and  New 
Rivers.  After  heavy  rains  the  country  is  covered  with  a  heavy 
growth  of  pepper  grass,  which  makes  excellent  forage  for  cattle. 

Water. — In  Lower  California  several  lakes  exist.  Several  running 
streams  are  fed  either  directly  from  the  Colorado,  or  by  percolation 
from  that  stream.  Well  water  can  be  obtained  at  depths  of  from  5  to 
20  feet. 

In  the  United  States  well  water  can  usually  be  found  at  depths  "of 
from  20  to  80  feet. 

2 


CLIMATE. 

The  climate  in  the  summer  months  is  hot  and  might  be  called 
tropical,  except  that  we  of  the  temperate  zone  are  accustomed  to  asso- 
ciate with  tropical  heat  something  humid,  enervating  and  oppressive, 
while  here  the  air  is  absolutely  pure  and  dry. 

In  this  district  during  the  months  of  June,  July,  August  and  Sep- 
tember, the  actual  temperature  in  the  shade  often  reaches  105  degrees 
to  120  degrees,  but  the  sensible  temperature  is  from  30  to  40  degrees 
less.  "The  sensible  temperature  is  that  indicated  by  a  wet-bulb 
thermometer,  and  is  found  by  covering  the  bulb  of  an  ordinary  ther- 
mometer with  muslin,  from  which  a  piece  of  cotton  wicking  leads  into 
a  cup  of  water  and  so  keeps  the  muslin  constantly  moist  ;  this  corre- 
sponds closely  with  the  condition  of  the  human  body,  as  the  skin  is 
perpetually  secreting  moisture,  which  is  evaporated  by  the  intense 
heat,  and  the  skin  surface  is  thus  cooled  down  to  a  point  considerably 
below  the  temperature  of  the  blood."  The  U.  S.  Weather  Bureau  is 
now  publishing  the  records  of  the  Wet-Bulb  Thermometer  to  show  the 
comparative  sensible  temperature  at  its  various  stations. 

In  New  York,  Philadelphia  and  elsewhere  throughout  the  East,  we 
read  of  numerous  deaths  from  sunstroke  when  the  thermometer  reaches 
between  90  and  100  degrees,  and  sometimes  when  it  is  below  90  degrees. 
We  state  it  as  a  fact,  demonstrated  year  after  year,  that  in  the  Colorado 
Desert  in  California,  U.  S.  A.,  and  in  Lower  California  men  and  animals 
work  day  after  day  in  the  open  fields  while  the  thermometer  registers 
from  105  to  120  degrees  in  the  shade,  and  yet  a  case  of  sunstroke  has 
never  been  known.  The  same  thing  obtains  in  other  hot  and  dry 
interior  valleys  of  California,  where  the  thermometer  for  long  periods 
stands  daily  at  over  100  degrees. 

In  the  Colorado  Desert  the  degrees  of  temperature  mentioned  are 
not  often  experienced  outside  of  the  months  of  June,  July,  August 
and  September,  and  during  those  months  for  the  greater  part  of  nearly 
every  day  the  heat  is  modified  by  a  pleasant  and  cooling  breeze  from 
the  Gulf  of  California.  During  the  remaining  eight  months  of  the 
year  the  climate  of  this  entire  region  is  a  benediction,  and  might  be 
termed  as  " ideal"  for  the  laborer,  the  pleasure  seeker  and  the  invalid. 

In  the  following  table,  furnished  us  by  Mr.  A.  Ashenberger, 
Observer  of  the  U.  S.  Weather  Bureau,  we  show  the  mean  maximum 
and  mean  minimum  temperatures  through  a  period  of  years  for  both 
Yuma  and  Phoenix,  Arizona,  and  a  comparison  between  the  readings 
of  the  Wet-Bulb  and  Dry-Bulb  Thermometers  at  Yuma.  We  use  this 
data  since  Yuma  is  the  nearest  point  to  our  lands  at  which  accurate 
meteorological  observations  have  been  made  ;  but  it  is  stated  by  all 
who  know  its  climatic  conditions,  that  our  country  is  cooler  in  summer 
than  Yuma  and  warmer  in  winter,  the  reason  being  that  it  receives  more 

3 


direct  benefit  from  the  Gulf  breezes.  Phoenix  is  to-day  the  most 
progressive  point  on  the  Pacific  Coast.  Its  percentage  of  increase  in 
wealth  and  population  is  only  rivaled  by  Los  Angeles.  Its  growth  is 
due  almost  entirely  to  the  development  of  its  agricultural  interests, 
dependent  entirely  upon  irrigation,  and  yet  it  is  hotter  in  summer  than 
Yuma  and  colder  in  winter,  while  its  lands  and  water  supply  are  far 
inferior  to  those  of  our  enterprise.  From  the  Yuma  Weather  Bureau 
reports  the  average  annual  rainfall  is  3  inches.  The  average  number 
of  clear  days  in  the  year  is  277,  and  in  a  period  of  17  years  there  has 
been  but  40  nights  in  which  the  thermometer  has  registered  below  32 
degrees,  hence  even  frost  is  of  rare  occurrence. 

[COPY.] 

U.  S.  DEPARTMENT  OF  AGRICULTURE. 
WEATHER  BUREAU. 

OFFICE  OF  THE  OBSERVER, 

(Station)    YUMA,  ARIZONA. 
MEAN  MAXIMUM  AND  MEAN  MINIMUM  TEMPERATURES. 

Jan.      Feb.      Mar.      Apr.     May.    June.      July.      Aug.     Sept.     Oct.     Nov.     Dec. 

VIIMA  64'7    7as;    77'8    85'3   93-5    101.2    106.3    104-7   99-2    86.3    73.9    68.0 

42.0   43.8    50.3    55.2    61.6     68  7      77.4     77  8    70.3    58.5   48.6    46.0 

PHOENIX          65'7    7I  7    8l'6    86'8   94'6    IO4'6    IO7'3    IO4'°   99'2   9°  *    78'7    73'4 
32.2    35.8    41.0    46.3    53.1      59.5      71.6      71.0  60.6    50.2   42.4    36.6 

The  above  means  are  from  records  extending,  at  Yuma,  from  January,  1880,  to 
June,  1890;  at  Phoenix,  from  January,  1882,  to  February,  1890. 

MEAN  WET  THERMOMETER.     (YUMA.) 

YEAR  June'  J111^'  August, 

5  p.  M.  5  P.  M.  5  P.  M. 

1889 66       74       76 

1890 63       73       73 

1891 58       72       74 

1892 66       70       73 

1893 68       75       76 

1894 66       74       73 

1895 66       71       73 

SPECIAL  READINGS  SHOWING  THE  COMPARISON  BETWEEN  THE  WET  AND 

DRY  BULB  THERMOMETER  ON  VERY  HOT  DAYS.  (Yuma,} 

YKAR-  Thermometer.     Thermometer.        Difference.  DATE. 

1895 109  69  40  July    i6th. 

1894 in  70  41  July    25th. 

1893 107  66  41  June  2nd. 

1892 114  69  43  June  2Oth. 

1891 112  69  43  June  2gth. 

1890 112  71  41  July  22nd. 

1889     116  70  46  July  3rd. 

1888 113  71  42  July  22nd. 

(Signed)        A.  ASHENBERGER, 

Observer,  Weather  Bureau. 


OWNERSHIP   OF    LANDS. 

California. — The  titles  to  the  good  lands  in  the  California  tract 
are  approximately  as  below  : 
The  Southern  Pacific  R.  R.  owns  200,000  acres. 

"  "  "      claims  additional       -         -    208,000      " 

California  State  lands,     •-  58,000      " 

United  States  Government  lands,  -    434,000      " 

The  United  States  lands  will  be  taken  up  by  settlers  under  the 
Homestead  and  Desert  Land  Acts.  The  lands  without  water  are 
valueless.  Under  the  Desert  Act  the  settler  must  first  obtain  a 
contract  for  water  before  he  can  get  title  to  the  land,  hence  the 
Company  that  furnishes  the  water  controls  all  development  as  it  would 
if  it  held  title  to  the  land  ;  while  to  obtain  title  now  would  necessitate 
the  expenditure  of  a  large  sum,  and  would  increase  our  interest  account 
and  taxes. 

Company's  Lands  in  the  United  States. — The  only  lands 
in  California  that  the  Company  has  deemed  it  wise  to  acquire  at 
present,  is  a  tract  of  318  acres  extending  up  the  Colorado  River,  from 
the  International  Line  a  distance  of  two  miles.  On  this  tract  our 
Canal  Heading  is  located.  It  is  the  lowest  point  on  the  River  from 
which  it  is  feasible  to  irrigate  the  lands  below,  and  the  topographical 
features  of  the  country  immediately  below  this  Heading  are  such  that 
it  would  be  impossible  for  a  competitive  canal  from  above  to  parallel 
us  ;  hence  the  possession  of  this  tract  controls  all  development,  and 
prevents  any  possibility  of  competition. 

The  Lower  California  lands  belonged  to  General  G.  Andrade,  a 
citizen  of  Mexico.  We  have  arranged  with  General  Andrade  for  the 
transfer  of  title  to  200,000  acres  to  our  Company,  and  hold  an  option  on 
150,000  acres  additional. 

We  believe  that  these  lands,  for  a  stock  range,  are  worth  more  than 
the  purchase  price. 

The  possession  of  this  tract,  together  with  the  Hanlon  Heading, 
controls  the  development  of  the  entire  1,600,000  acres. 

PRODUCTS. 

The  climate  and  soil  will  admit  of  the  production,  in  great 
abundance  and  perfection,  of  all  the  plants  of  the  temperate  and  semi- 
tropic  zones,  except  those  requiring  a  moist  climate  or  cold  winters. 
Citrus  and  deciduous  fruits  mature  from  two  to  six  weeks  ahead  of 
any  other  part  of  California,  assuring  high  prices  to  the  producer. 

As  the  subject  of  products  is  one  of  great  importance  and  detail, 
we  refer  to  the  report  of  Mr.  Sutherland.  (Appendix.) 

5 


MARKETS, 

The  markets  are  the  same  as  for  the  remainder  of  California.  The 
region  is  so  large  that  it  will  eventually  command  its  own  markets. 
It  is  two  hundred  miles  nearer  the  East  than  Los  Angeles.  The  con- 
struction of  the  Nicaragua  Canal  will  allow  all  water  shipments  to  the 
East  and  Europe.  The  ruling  prices  of  farm  products  in  the  large 
cities  of  Mexico  being  higher  than  in  the  United  States,  Mexico  will 
furnish  the  best  market  for  Lower  California.  The  markets  for  forage 
plants  will  be  at  home.  Following  the  custom  now  prevailing  in 
Western  America,  range  cattle  will  be  driven  to  the  Alfalfa  fields  and 
there  fattened  for  market. 

TRANSPORTATION. 

The  existing  means  of  transportation  are  via  the  Southern  Pacific 
Railroad  and  the  Colorado  River.  The  Colorado  is  navigable  for 
300  miles  above  our  headgates,  and  will  give  direct  connection  with 
the  Santa  Fe  Railroad  and  the  Pacific  Ocean.  When  built,  the 
Nicaragua  Canal  will  furnish  an  all  water  route  for  shipments  to  the 
East  and  Europe. 

The  projected  road  from  Salt  Lake  and  the  coal  fields  of  Utah  to 
San  Diego  will,  when  built,  pass  through  our  country.  The  projected 
San  Diego  and  Phoenix  Railroad  will  give  us  another  outlet  and  direct 
rail  connection  with  the  Santa  Fe  system.  While  these  roads  are  only 
on  paper,  it  must  not  be  forgotten  that  the  development  of  this  enter- 
prise will  hasten  their  construction,  since  statistics  will  show  that  we 
are  conservative  in  our  estimate  in  stating  that  these  lands  will  pay  to 
the  transportation  companies  a  gross  revenue  of  $5.00  for  every  acre 
under  cultivation,  or  when  the  country  is  entirely  developed,  not  less 
than  $8,000,000  per  year.  The  first  20  miles  of  the  canal  can  be  used 
for  transportation  of  freight.  Below  this  point  the  fall  is  so  great  that 
numerous  locks  would  be  required,  and  we  doubt  the  economy  of 
attempting  to  use  it  for  transportation. 

Branch  roads  connecting  with  the  Southern  Pacific  R.  R.  can  be 
built  at  the  minimum  expense. 

VALUE   OF   LAND   AND   WATER. 

The  value  of  the  land,  based  upon  its  productiveness,  will  be 
greater  than  that  of  the  best  farming  lands  in  the  coast  region  of 
Southern  California,  which  sell  for  from  $100.00  to  $200.00  per  acre, 
carrying  a  contract  to  pay  an  annual  rental  of  from  $2.50  to  $12.50 
per  acre  for  the  use  of  water. 

Such  prices  will  not  admit  of  general  farming,  and  only  people  of 
wealth  can  invest  in  such  lands.  We  desire  to  induce  rapid  settlement. 
To  do  this  we  must  offer  a  proposition  that  will  attract  people  of  small 

6 


means,  and  that  will  admit  of  the  production  of  the  cereals  and  forage 
plants  at  a  profit  on  the  original  investment. 

To  sell  10,000  acres  at  $50  per  acre,  or  50,000  acres  at  $10  will 
produce  the  same  amount,  and  will  return  to  the  Company  its  original 
investment ;  but  it  is  easier  to  place  50,000  at  $10  than  10,000  at  $50 
and  the  annual  rentals  for  water  from  the  50,000  will  be  five  times  as 
great  as  from  the  10,000  acres.  We  believe  the  best  policy  is  that 
which  will  in  the  quickest  time  possible  return  to  the  Company  its 
original  investment,  and  make  the  annual  revenue  from  water  rentals 
equal  the  cost  of  operation.  To  gain  this  end,  the  loss  of  what  may 
be  considered  the  legitimate  profit  on  the  first  100,000  acres  sold,  is 
not  a  matter  for  consideration,  since  it  is  not  probable  that  the  re- 
maining 1,500,000  acres  will  be  fully  developed  during  the  next  fifteen 
to  twenty  years. 

The  prices  of  land  and  water  will  be  fixed  of  course  by  the  Board 
of  Directors,  and  the  present  management  can  only  recommend  that 
at  first  the  price  be  fixed  at  $10  per  acre. 

It  can  be  easily  demonstrated  that  this  would  be  practically  afford- 
ing the  settler  an  opportunity  to  secure  a  home  here  on  better  terms 
and  under  more  favorable  conditions  than  one  could  do  in  Iowa, 
Nebraska  and  Kansas  when  the  lands  belonged  to  the  Government. 

Such  a  proposition  will  not  admit  of  competition,  since  it  is  im- 
possible to  duplicate  it  in  the  West  to-day.  We  can  afford,  however, 
to  offer  it  and  by  this  means  will  avoid  a  prolific  cause  of  failures  in 
irrigation  enterprises,  viz  :  lack  of  settlers. 

SOME   CONTINGENT   INTERESTS. 

The  irrigation  of  this  tract  will  cause  the  development  of  many 
contingent  interests  that  will  add  greatly  to  the  prosperity  of  the 
country,  and  to  the  revenues  of  the  Company.  Without  going  into 
detail  we  mention  a  few  of  these  outside  factors. 

Fisheries. — The  fish  at  the  head  of  the  Gulf  are  remarkable  for 
their  variety  and  quantity,  and  the  development  of  this  industry  will 
prove  of  great  value. 

Lumber. — Large  bodies  of  pine  grow  on  the  San  Jacinto  moun- 
tains. The  summit  of  this  range  is  at  an  elevation  of  from  6,000  to 
9,000  feet  above  sea  level,  and  is  about  fifty  miles  from  the  centre  of 
our  country. 

Mining. — Both  the  San  Jacinto  and  San  Bernardino  ranges  abound 
in  gold  and  silver.  Valuable  quarries  of  building  stone  and  slate  are 
found  in  the  San  Jacintos.  Large  bodies  of  iron  have  been  discovered 
in  the  San  Bernardinos. 

7 


The  sulphur  deposits  in  the  Cocopah  Mountains  are  noted  for  their 
extent  and  purity.  The  Salton  Sink  can  supply  the  world  with  salt. 
The  Gold  Rock  mine  is  twelve  miles  from  our  canal  heading.  Its 
pumping  plant  is  located  on  our  land.  It  is  now  working  140  stamps 
and  producing  $140,000  per  month,  and  the  owners  have  refused  an 
offer  of  $2,000,000  for  the  property. 

Volcanoes. — On  the  shore  of  Volcano  Lake  in  Lower  California, 
there  is  a  wonderful  group  of  active  volcanic  cones,  mud  geysers  and 
mineral  springs. 

Sanitarium. — The  surrounding  country  is  one  of  great  beauty 
and  interest,  and  we  predict  that  the  time  will  come  when  one  of  the 
greatest  health  resorts  in  the  world  will  be  located  on  this  spot. 

POSSIBLE    POPULATION. 

The  tendency  upon  all  irrigated  lands  in  warm  climates  is  toward 
small  farms  and  intensive  cultivation. 

Assuming  the  average  farm  to  be  20  acres  and  the  average  family 
to  number  five,  would  give  a  rural  population  of  400,000  ;  but  with 
good  transportation  facilities,  cheap  power  and  plenty  of  raw  material, 
we  think  it  safe  to  assume  that  the  urban  population  will  increase  the 
total  to  600,000  people  that  will  some  day  be  dependent  upon  this 
system  of  canals  for  their  support.  This  is  an  average  of  240  to  the 
square  mile  ;  this  may  seem  too  high  an  estimate,  but  the  lands  under 
cultivation  in  the  Riverside  Colony,  Cal.,  support  a  population  of  500 
to  the  square  mile.  Massachusetts  has  270,  with  but  35  per  cent,  of 
its  lands  under  cultivation  ;  Rhode  Island  has  276  ;  England  500  ; 
Belgium  535  ;  Saxony  605  ;  while  the  valley  of  the  Nile,  which  forms 
a  closer  comparison  to  this  region  than  any  other  inhabited  section  of 
the  world,  supports  a  population  of  1227  per  square  mile  for  the  lands 
actually  under  cultivation. 

A  few  of  the  especial  points  of  advantage  are  here  referred  to  : 

Our  lands  are  in  Southern  California  and  Lower  California. 

The  magnitude  of  the  proposition  and  the  small  cost  per  acre  of 
first  development,  allows  us  to  place  these  lands  on  the  market  at  a 
satisfactory  margin  of  profit  and  yet  charge  less  than  10  per  cent, 
of  present  California  prices. 

Water  rentals  in  California  vary  between  $2.50  and  $12.50  per  acre 
per  annum,  while  we  will  charge  not  to  exceed  $2.50. 

According  to  the  U.  S.  census  reports  of  1890,  the  average  cost 
per  acre  of  putting  California  lands  in  condition  to  receive  the  water, 
(i.  e.  clearing  and  smoothing  the  surface)  is  $15.00.  We  will  contract 
to  put  800,000  acres  of  these  lands  in  such  condition  for  $2.00  per  acre. 


The  cost  of  keeping  up  the  producing  power  of  California  fruit 
lands  is  about  $7.50  per  acre  per  annum.  The  value  of  the  fertilizers 
carried  in  the  Colorado  River  water  exceeds  this,  and  our  lands  will 
never  require  artificial  fertilization. 

From  the  census  reports  of  1890,  the  average  value  of  irrigated 
farms  in  California  was  $150  per  acre.  In  Southern  California  the 
value  was  about  $250  per  acre.  Assuming  that  the  values  in  our 
country  will  ultimately  equal  the  average  for  the  State,  would  give 
$240,000,000  as  the  total  valuation  of  farm  property.  The  valuation 
of  town  and  commercial  property  should  equal  at  least  one  half  that 
of  the  rural,  and  it  is  probable  that  the  property  values  that  will  be 
created  by  this  system  of  canals  will  eventually  reach  a  total  of 
$360,000,000. 

COLONIZATION. 

In  the  development  of  an  irrigation  enterprise  it  is  very  unusual  to 
provide  for  the  settlement  of  the  lands  until  the  canals  have  been 
constructed.  But  last  spring  we  deemed  it  wise  to  commence  the 
preliminary  work  of  colonization.  We  had  two  objects  in  view,  first, 
to  give  confidence  to  capital  by  showing  that  the  enterprise  was  at- 
tractive to  farmers,  and  second,  to  insure  our  cost  of  maintenance  and 
more  rapid  development  by  securing  in  advance  of  construction  a 
large  number  of  colonists  who  would  become  immediate  users  of  our 
water. 

With  this  end  in  view  we  arranged  last  May  for  a  committee  of 
three  members  of  the  "  Mennonite  Society  "  to  visit  our  lands.  The 
result  of  this  trip  was  entirely  satisfactory  to  the  committee  and  to 
ourselves,  as  evidenced  by  the  fact  that  these  people  became  investors 
in  our  securities  and  appointed  one  of  their  number,  the  Rev.  David 
Goerz,  of  Newton,  Kansas,  to  act  as  our  General  Colonization  Agent 
among  the  Mennonites,  and  so  far  the  result  is  to  assure  us  that  about 
100  families  are  already  waiting  for  the  opportunity  to  make  new  homes 
with  us.  It  is  unnecessary  to  give  the  history  of  this  religious  sect,  as 
anyone  desiring  such  information  can  obtain  it  from  the  Encyclopedias, 
but  it  is  of  value  to  know  that  they  are  probably  the  most  active 
colonizers  in  the  world  and  that  in  their  history  extending  back  300 
years  they  have  never  made  a  failure.  A  more  temperate,  frugal  and 
industrious  class  of  farmers  it  would  be  impossible  to  obtain.  There 
are  about  300,000  of  them  now  in  the  United  States,  and  in  securing, 
as  we  have,  their  active  co-operation,  we  know  that  we  have  done  that 
thing  which  will  make  our  enterprise  a  success  from  the  start. 

Other  colonies  of  industrious  farmers  have  been  organized  in 
Kansas  and  Nebraska,  and  from  the  work  already  accomplished  in 
Kansas,  it  is  evident  that  we  will  secure  from  that  State  alone  at  least 
500  families  during  the  ensuing  year. 

9 


For  data  regarding  the  water  supply,  adaptability  of  the  soil  for 
irrigation,  and  the  various  engineering  questions  involved,  we  refer  to 
the  annexed  report  of  C.  R.  Rockwood. 

To  THE  CALIFORNIA  DEVELOPMENT  COMPANY, 
A.  H.   HEBER,  PRESIDENT. 

SIR  : — In  the  following  report  upon  the  New  River  Basin  and  Lower 
California  Irrigation  project,  I  shall  limit  myself  to  the  engineering 
questions  involved  in  its  development,  which  may  be  briefly  stated 
under  the  following  headings  : 

Area  susceptible  of  irrigation. 

Adaptability  of  the  lands  for  irrigation. 

Water  supply.     Quantity  and  quality. 

Physical  features  controlling  the  distribution  of  water. 

Canal  construction — character  of  and  cost. 

Special  features  of  value  and  danger. 

Before  commencing  the  discussion  of  these  questions,  I  desire  to 
say  that  I  projected  the  first  surveys  to  determine  the  feasibility  of  this 
project  in  the  winter  of  1892-93  ;  but  the  securing  of  the  Lower  Cali- 
fornia lands  belonging  to  General  Andrade,  has  admitted  of  and 
necessitated  very  material  changes  in  the  plans  of  development  for- 
merly thought  advisable,  which  changes  greatly  lessen  the  ccst  of 
construction. 

The  final  surveys  which  have  determined  our  plans  of  operation 
were  completed  in  December,  1895. 

As  an  assurance  of  the  completeness  of  my  investigations,  and  the 
reliability  of  my  deductions,  I  will  state  that  the  work  has  necessitated 
the  examination  of  over  2,000  square  miles  of  territory.  I  have  pro- 
jected over  300  miles  of  accurate  surveys,  which  have  been  mapped 
and  profiled.  I  have  given  three  years  of  study  to  the  proposition, 
and  have  expended  nearly  $40,000  upon  this  end  of  the  work.  It  may 
seem  that  this  expenditure  is  large  as  compared  with  my  estimates  of 
the  amount  required  in  the  construction  fund  ;  but  it  must  be  remem- 
bered that  the  small  first  cost  required  to  place  the  enterprise  on  a  self- 
supporting  basis  does  not  lessen  the  magnitude  of  final  development, 
and  a  survey  of  the  entire  field  was  necessary  before  final  plans  could 
be  determined  upon.  That  the  final  plans  will  allow  the  expenditure 
of  a  much  smaller  sum  than  was  at  first  thought  possible,  is  the  direct 
result  of  a  comparatively  large  expenditure  in  preliminary  investigations. 

AREA  SUSCEPTIBLE  OF  IRRIGATION. 
Total. — The  total  area  that  may  be  brought  under  this  system  of 
canals  in  Lower  California,  Republic   of   Mexico,  and  in  California, 
U.  S.  A.,  is  approximately  2,050,000  acres,  situated  800,000  acres  in 
Lower  California,  and  1,250,000  acres  in  California. 

ii 


Waste. — With  the  exception  of  190,000  acres  located  in  the  Salton 
Sink,  California,  there  are  no  large  bodies  of  waste  lands.  In  fact,  the 
percentage  of  bad  lands  is  very  much  less  than  in  any  tract  that  I  have 
ever  examined  ;  but  inasmuch,  as  the  exact  grading  of  lands  is  a  work 
of  great  detail  and  expense,  I  have  thought  it  advisable  to  estimate  as 
a  working  basis  that  the  acreage  of  good  agricultural  lands  in  Lower 
California  is  700,000,  and  in  the  United  States  900,000,  a  total  of 
1,600,000.  This  is  a  safe  assumption. 

ADAPTABILITY  OF  THE  LANDS  FOR  IRRIGATION. 

With  the  exception  of  about  30,000  acres  of  sandy  mesa  under  the 
east  branch  survey,  and  the  lands  lying  between  the  Salton  Sink  and 
Indio,  there  is  but  little  change  in  the  character  of  the  soil.  From  the 
Sink,  east  to  the  Colorado,  the  entire  tract  has  been  formed  by  the 
deposit  of  river  silt.  This  deposit  is  not  of  local  origin,  but  has  been 
brought  down  in  past  ages  by  the  Colorado,  from  its  sources  in  the 
mountains  of  Colorado,  Utah,  Wyoming,  New  Mexico,  and  Arizona, 
and  through  its  water  passage  of  thousands  of  miles  has  been  worked 
into  an  homogeneous  mass,  hence  there  can  be  but  little  change  in  its 
character.  Within  this  body  there  is  neither  sand,  gravel,  nor  rock. 

It  can  be  described  as  a  finely  pulverized  river  silt,  containing  from 
10  to  20  per  cent,  of  clay,  and  in  the  percentage  of  clay  is  the  only 
change  in  its  structure. 

It  is  sufficiently  porous  to  admit  of  easy  irrigation  and  cultivation, 
and  yet  contains  sufficient  clay  to  make  it  very  retentive  of  moisture, 
and  these  are  the  two  structural  necessities  required  to  make  irrigation 
a  success. 

It  is  impossible  to  state  the  depth  of  the  sedimentary  formation,  as 
it  extends  to  what  formerly  was  the  bottom  of  the  Gulf  ;  but  from  my 
observations  the  depth  of  soil  to  the  clay  sub-soil  varies  between  20 
and  250  feet. 

WATER  SUPPLY. 

With  the  exception  of  the  Columbia,  the  Colorado  River  is  the  only 
stream  in  arid  America  that  is  capable  of  supplying  with  water  all  of 
the  lands  that  are  subject  to  irrigation  from  it. 

According  to  the  United  States  geological  survey,  it  drains  an  area 
of  242,000  square  miles.  Two-thirds  of  this  area  is  at  an  elevation  of 
over  5,000  feet,  where  the  precipitation  is  heavy  and  in  the  form  of 
snow,  which  melts  during  the  spring  and  summer  months,  giving  the 
greatest  amount  of  water  during  the  irrigation  season.  The  river 
begins  to  rise  in  March,  reaches  the  high  water  stage  in  June,  and  falls 
gradually  until  October.  The  flow  varies  between  about  9,000  cubic 
feet  per  second  at  extreme  low  water,  and  300,000  cubic  feet  in  extreme 

12 


flood.    The  mean  flow  for  the  irrigation  season  will  approximate  40,000 
cubic  feet,  a  sufficient  amount  for  the  irrigation  of  8,000,000  acres. 

As  near  as  I  am  able  to  determine,  the  area  susceptible  of  irrigation 
from  the  Colorado,  is  about  3,000,000  acres,  located  as  below  : 

Under  our  proposed  system,      -  -         1,500,000 

In  Arizona,  and  Sonora  Mexico,  below  Yuma,  -       250,000 

Between  Yuma  and  the  Grand  Canon,        -  250,000 

Above  the  Grand  Canon  in  Colorado,  Utah  &  Wyoming,    1,000,000 

3,000,000 

It  is  possible  that  the  acreage  above  the  Grand  Canon  may  exceed 
this  estimate,  if  so,  it  will  tend  to  our  advantage,  for  the  reason  that 
the  irrigation  season  in  those  high  altitudes  being-  from  May  until 
September,  lands  so  situated  can  only  use  water  during  the  high  water 
season.  These  lands  will  then  act  as  storage  reservoirs,  and  will  drain 
slowly  back  into  the  river,  and  very  materially  increase  the  low  water 
supply.  Our  gain  by  this  would  be  due,  not  to  a  need  of  an  increased 
supply,  but  to  the  fact  that  if  the  river  falls  too  low  the  expense  of 
diverting  the  water  will  be  increased. 

Quality. — In  appendix  (b)  I  show  the  analysis  of  the  river  water 
made  by  the  University  of  Arizona.  This  analysis  (table  i,)  was  made 
from  samples  of  water  taken  every  day  from  the  river  for  a  period 
of  seven  months  ;  table  2,  from  samples  taken  daily  for  a  period  of 
seventeen  months.  It  proves  conclusively  that  the  water  carries  no 
appreciable  quantity  of  salines  injurious  to  vegetable  growth,  but  does 
carry  large  quantities  of  valuable  fertilizers.  Assuming  that  we  will 
use  a  depth  of  36  inches  on  the  land  during  the  season,  the  commercial 
value  of  the  fertilizers  carried  in  that  amount  of  water  will  exceed 
$10.25  Per  acre  Per  annum. 

This  is  an  assurance  that  these  lands  will  never  require  the  expen- 
diture of  a  dollar  to  enrich  the  soil.  The  cost  for  fertilizers  in  the 
Southern  California  fruit  orchards  is  about  $7.50  per  acre  per  annum. 

PHYSICAL   FEATURES   THAT   CONTROL  THE 
DISTRIBUTION    OF    WATER. 

Topography. — As  would  be  presumed,  the  sedimentary  formation 
is  exceedingly  smooth,  except  where  the  surface  has  been  disturbed  by 
the  action  of  water  or  wind.  It  contains  no  rolling  land. 

The  Lower  California  tract  falls  to  the  south  at  the  rate  of  approx- 
imately i  ££$  feet  per  mile.  As  in  all  alluvial  valleys,  the  highest  lands 
are  near  the  river.  The  fall  from  the  river  to  the  west  varies  between 
one  and  four  feet  per  mile,  which  is  sufficient  for  successful  irrigation. 

California. — The  California  tract  presents  a  peculiar  feature.  It 
forms  a.  basin,  the  bottom  of  which  is  the  Salton  Sink,  280  feet  below 

13 


the  level  of  the  sea.  The  slopes  of  the  country  are  from  the  sea  level 
line  toward  the  Sink  as  a  centre.  The  fall  varies  between  eight  and 
forty  feet  per  mile.  These  slopes  will  admit  of  rapid  delivery  of  water, 
and  an  easy  drainage.  The  basin  formation  will  allow  the  planning 
of  a  distributary  and  drainage  system  that  will  be  one,  and  can  be 
constructed  at  the  minimum  expense.  Had  man  constructed  this  por- 
tion of  the  country  with  the  view  of  projecting  therein  a  perfect  system 
of  irrigation,  he  could  have  improved  but  little  upon  the  work  of 
nature. 

Sand  Hills. — It  might  be  desirable  to  keep  the  main  canal  entirely 
within  the  United  States,  this  is,  however,  impossible,  as  the  sand  hills 
shown  on  map  extend  from  California  south  into  Lower  California, 
and  are  impassible. 

Diversion  of  Water. — But  two  feasible  points  of  diversion  exist 
on  the  right  bank  of  the  river.  One  at  Hanlon's,  situated  in  San 
Diego  County,  one  and  a  half  miles  above  the  international  line.  The 
other  at  the  Pot  Holes,  fifteen  miles  above  Hanlon's. 

The  diversion  of  the  water  at  either  of  these  points  is  entirely 
feasible.  Either  heading  will  eventually  require  the  construction  of 
river  training  works  to  prevent  the  formation  of  sand-bars  before  the 
canal  gates.  At  both  points,  however,  the  main  channel  has  hugged 
the  California  shore  for  the  past  forty  years,  which  is  as  far  back  as  I 
am  able  to  obtain  authentic  data  ;  hence  it  is  not  probable  that  these 
training  works  will  be  necessary  until  the  amount  of  water  used  for 
irrigation  begins  to  lower  materially  the  low  water  level  of  the  river ; 
although  to  increase  our  factor  of  safety,  I  would  advise  the  construc- 
tion of  protective  works  as  soon  as  the  returns  from  the  enterprise 
will  warrant  the  expenditure. 

To  construct  the  canal  from  the  Pot  Holes  will  cost  approximately 
$250,000  more  than  from  Hanlon's  ;  but  it  will  cover  18,000  acres  in 
the  Yuma  Indian  reservation,  and  approximately  30,000  acres  in  Lower 
California  that  cannot  be  reached  from  the  Hanlon  canal.  It  would, 
in  addition,  allow  the  construction  of  a  water  power  near  Hanlon's,  at 
which  we  could  ultimately  develop  15,000  H.  P.  Contracts  could  be 
placed  immediately  for  the  use  of  1,000  H.  P.,  750  H.  P.  at  the  Gold 
Rock  mine,  and  250  at  Yuma.  These  contracts  would  more  than 
insure  the  interest  on  the  additional  cost  of  construction,  and  were  the 
proposition  financed  for  the  larger  undertaking,  I  would  advise  con- 
structing from  the  Pot  Holes.  Under  the  circumstances,  however, 
the  better  business  proposition  seems  to  be  to  build  from  Hanlon's  at 
present ;  but  to  obtain  possession  of  the  Pot  Holes  and  hold  it  in 
reserve,  and  when  the  returns  warrant,  build  the  necessary  extension 
connecting  with  the  Lower  California  canal  at  Hanlon's.  This  will 


give  us  two  headings  on  the  river,  which  in  itself  will  be  an  item  of 
great  value  ;  but  the  power  proposition  will  be  a  greater,  since  the 
probabilities  are,  that  we  would  find  a  ready  and  sure  market  for  the 
power  as  rapidly  as  developed. 

It  is  not  feasible  to  divert  the  water  at  any  point  between  Hanlon's 
and  the  Gulf,  as  no  solid  material  exists  on  the  western  bank  of  the 
river.  The  alluvial  deposit  is  of  unknown  depth,  and  the  expense  of 
putting  in  safe  diversion  works  is  prohibitory. 

Salton  River. — In  February,  1891,  the  Colorado  reached  a  point 
5^2  feet  higher  than  any  past  known  flood.  It,  in  consequence,  over- 
flowed a  large  portion  of  the  Algodones  ranch,  and  rising  to  the  level 
of  the  higher  ridge  near  the  west  line  of  the  Algodones,  cut  through 
the  ridge  and  sent  a  large  volume  of  water  into  the  ancient  and  ill- 
defined  overflow  channel  of  the  Salton.  As  a  result,  this  channel  was 
cleared  out,  widened  and  deepened.  The  channel  now  varies  in  width 
from  75  to  400  feet,  and  from  the  west  line  of  the  Algodones  to 
the  Mesquite  Lake  in  San  Diego  County  has  a  depth  of  from  10  to  14 
feet  below  the  general  surface.  I  find  it  entirely  feasible  to  utilize 
this  channel  as  our  Main  Trunk  Canal  for  a  distance  of  about  50 
miles.  With  but  little  work  in  improving  its  regimen  it  will  carry 
sufficient  water  for  the  irrigation  of  at  least  600,000  acres.  To  utilize 
it,  it  will  be  necessary  to  throw  weirs  across  at  points  where  we  desire 
to  take  out  branches,  as  its  water  level  will  be  below  the  surface.  The 
existence  of  this  channel  controls  the  question  of  canal  location  for  the 
present,  and  will  for  many  years  to  come,  since  it  will  save  us  a  year's 
time  in  construction  and  over  $500,000  in  actual  expense. 

New  River. — The  New  River  on  the  west  of  the  valley  presents 
similar  features.  The  Volcano  Lake  (see  map)  is  on  the  summit  of 
the  water  shed  between  the  Gulf  and  the  Salton  Sink.  It  is  filled  by  the 
Padrones  and  Las  Avagas  Rivers,  branches  of  the  Colorado.  Its  natural 
outlet  is  through  the  Hardy  River  ;  but  when  in  flood  it  reaches  a 
certain  elevation  a  portion  of  its  waters  pass  to  the  north  through  the 
New  River.  This  channel  will  be  eventually  utilized  in  our  proposed 
system.  Both  streams  can  be  controlled  safely  at  but  little  expense. 

Overflow. — Naturally  the  question  will  arise,  is  their  danger  from 
the  overflow  of  the  Colorado  ?  To  this  I  can  answer  positively,  no, 
not  to  any  of  the  lands  in  California,  nor  to  those  lying  north  of  the 
Padrones  River  and  west  of  the  Algodones  ranch  in  Lower  California  ; 
for  this  reason,  even  if  the  river  rose  7  feet  higher  than  the  great  flood 
of  '91,  it  could  not  flood  the  high  lands  that  extend  parallel  with  the 
Padrones  on  the  north.  In  1891,  the  water  was  about  12  inches  deep 
on  the  west  line  of  the  Algodones  where  it  broke  through  the  high  lands. 
Our  main  canal  will  follow  this  line  of  the  Algodones  and  run  out 


eventually  on  the  high  lands  north  of  the  Padrones.  The  canal  banks 
will  be  built  5  feet  above  the  flood  line,  hence  it  will  be  impossible  for 
the  overflow  to  reach  north  or  west  of  the  canal.  The  canal  banks  are 
in  no  danger  from  the  overflow  since  the  canal  will  be  located  several 
miles  from  the  river.  The  land  between  is  covered  with  dense  vegeta- 
tion that  will  prevent  the  creation  of  destructive  currents,  and  where 
the  possibility  of  currents  exist  protection  works  will  be  constructed. 

CANAL     CONSTRUCTION. 

Main  Canal. — To  utilize  the  Salton  River  it  will  be  necessary  to 
connect  it  with  our  point  of  diversion  at  Hanlon's.  This  involves  the 
construction  of  11%  miles  of  main  canal.  The  depth  of  excavation 
for  the  first  8  miles  varies  between  7  and  24  feet.  Beyond  the  8th 
mile  we  can  handle  the  depth  of  excavation  as  we  see  fit  ;  but  shall  cut 
about  6  feet,  as  we  will  require  that  amount  of  material  to  construct 
our  levees. 

The  material  to  be  moved  is  entirely  alluvium,  except  that  at  the 
base  of  the  hill  on  which  our  diversion  works  will  be  placed  we  shall 
encounter  a  cement  formation.  The  bottom  of  the  canal  will  be 
nine  feet  below  the  extreme  low  water  mark,  and  can  carry  eleven  feet 
depth  of  water  throughout  the  ordinary  irrigation  season.  The  most 
economical  method  of  moving  the  dirt  will  be  by  dredgers,  and  while 
I  would  recommend  the  construction  of  as  small  a  canal  as  possible  at 
first,  the  minimum  width  is  limited  by  the  possibilities  of  mechanical 
construction.  As  planned,  the  canal  will  have  a  bottom  width  of  20 
feet,  side  slopes  of  one  to  one,  a  grade  of  8^  inches  per  mile,  and 
with  10  feet  depth  of  water  will  carry  750  cubic  feet  per  second,  a 
sufficient  amount  for  the  irrigation  of  150,000  acres.  This  can  be 
enlarged  from  time  to  time  by  dredgers  without  interfering  with  the 
operation  of  the  canal. 

Settling  Basin. — The  large  amount  of  sediment  carried  by  the 
Colorado  and  the  impossibility  of  flushing  the  canal  will  make  neces- 
sary the  construction  of  a  settling  basin  immediately  below  the  head- 
gates.  This  basin  will  be  merely  an  enlargement  of  the  canal,  and 
will  be  350  feet  in  length  by  100  wide.  Its  bottom  will  be  10  feet 
below  the  bottom  of  the  canal.  The  heavier  sands  will  be  dropped  in 
this  basin  and  pumped  back  into  the  river  by  an  hydraulic  dredge. 
The  clay  and  lighter  silt  that  passes  through  will  be 'carried  by  the 
greater  velocity  of  the  canal  water  on  to  the  lands. 

Headgates. — I  would  prefer  to  build  the  diversion  structure  of 
masonry  ;  but  from  an  economical  point  of  view,  think  it  advisable  to 
build  of  wood  for  the  present,  and  replace  by  more  permanent  materials 
when  the  canal  requires  enlargement.  The  wooden  structure  will  be 

16 


equally  as  safe  as  masonry  for  a  period  of  10  years,  and  can  be  built 
for  $10,000  while  masonry  would  cost  twice  that  amount. 

Other  Structures. — I  would  advise  that  all  structures,  bridges, 
drops,  regulating  weirs  and  gates  be  constructed  of  wood,  and  all 
estimates  have  been  based  on  this  material 

Distributary  System. — While  the  distributary  system  of  canals 
will  be,  on  account  of  the  smoothness  of  the  surface  and  unusual 
topography,  cheap  in  construction  and  simple  in  operation,  yet  the 
great  magnitude  of  the  proposition  will  render  necessary  the  projection 
of  a  detailed  and  accurate  contour  map  of  the  entire  territory  before  I 
can  plan  a  system  that  will  be  the  most  economical  in  construction 
and  operation.  This  is  not  necessary  at  first ;  but  the  work  should 
be  projected  as  soon  as  our  finances  will  admit.  From  my  study  of 
this  country  and  experience  elsewhere,  I  think  it  quite  safe  to  assume 
that  an  average  cost  of  $1.00  per  acre  will  construct  the  distributary 
system. 

In  order  to  place  the  enterprise  on  a  self-supporting  basis,  it  will 
be  necessary  to  build  the  main  canal  a  distance  of  n^  miles.  To 
carry  branch  No.  i  (see  map)  a  distance  of  7  miles  along  the  Padrones 
Ridge,  and  to  construct  20  miles  of  smaller  laterals  into  the  country 
north  of  branch  No.  i.  These  will  furnish  water  to  about  30,000 
acres. 

The  estimated  cost  of  the  amount  required  in  the  construction 
fund  to  accomplish  this  is  : 

Earthwork,  1,004,230  cubic  yds.  at  5  cents,      -  -     $50,212 

Add  for  contingencies,  50  per  cent.,    -  25,106 

Diversion  works  and  other  structures,      -         -       $21,000 
Excavating  machinery,  -    22,250 

Offices,  telephone  line  and  clearing,  10,250      53,500 

Add  for  contingencies,  15  per  cent.,     -  8,125 

Engineering,  superintendence,  and  surveys,     -  -       13,157 

$150,000 

The  price  per  yard  may  seem  small  but  it  must  be  remembered 
the  material  will  be  mostly  moved  by  machinery,  and  worse  material 
is  frequently  moved  these  days  at  a  cost  of  3^  cents  per  yard. 

I  have  not  considered  it  necessary  in  this  estimate  to  provide  for 
the  distribution  of  water  to  any  of  the  lands  in  California,  for  the 
reason  that  it  will  be  unnecessary  to  construct  any  portion  of  that  dis- 
tributary system  until  contracts  for  water  are  placed  on  some  portion 
of  the  desert  lands,  and  with  the  assurance  that  the  main  canal  will  be 
completed  at  some  definite  time  we  can  exact  a  sufficient  cash  payment 
on  these  water  contracts  to  pay  for  the  distributary  system,  i.  e.,  we 


will  raise  money  for  this  portion  of  the  work  by  sale  of  water  instead 
of  by  subscription  from  outside  capital. 

WATER     POWER. 

The  principal  power  station  would  be,  as  stated,  at  Hanlon's  ;  but 
the  slopes  in  the  New  River  basin  are  greater  than  we  can  give  the 
canals,  hence  it  will  be  necessary  to  let  the  water  down  by  vertical 
falls.  These  falls  will  be  numerous,  and  where  they  exist  small  power 
stations  can  be  created  at  but  little  expense.  Below  the  Mesquite 
Lake,  the  channel  of  the  Salton  River  is  from  20  to  50  feet  in  depth. 
In  the  New  River,  the  same.  Both  offer  opportunities  for  the  creation 
of  valuable  power  plants. 

SALTON    SINK. 

While  apparently  waste  salt  lands,  the  tract  known  as  the  Salton 
Sink  will  play  an  important  part  in  the  proposed  system,  as  it  will 
become  the  drainage  basin  to  catch  all  of  the  surplus  waters  of  the 
entire  district. 

In  conclusion,  I  desire  to  say  that  no  engineering  obstacles  con- 
front the  construction  of  this  proposed  system,  while  the  more  than 
sufficient  water  supply,  the  great  area  of  land  and  the  peculiarity  of 
its  topography  should  make  both  its  construction  and  operation 
cheaper  on  an  acreage  basis  than  any  existing  system  in  the  world. 

Respectfully  submitted, 

C.  R.  ROCKWOOD. 


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Weight  and  Fertilizing  Value  of  Colorado  Silt  in 

Total  Residue 
Tons. 

Value  of 
Fertilizing 
Material. 

5,000,000  gallons  (average  of  7  months)  
30  acre  inches              "                 " 

74.0 

12     1 

43.66 

7     2i? 

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For  the  irrigation  of  an  acre  we  expect  to  use  36  acre  inches. 

$0.252  x  36  =  $9-°7 


APPENDIX   (b)   TABLE   2. 

{From    University  of  Arizona?) 

BULLETIN  No.   n. 

Colorado  River  W^ater. — The  experiment  station  has  taken 
samples  of  water  daily,  from  the  Colorado  River  at  Yuma,  for  a 
period  of  17  months,  commencing  in  August,  1891,  which  have  been 
analyzed  separately  to  learn  what  is  carried  on  the  land  with  the  water. 
The  following  table  gives  the  result  of  the  analysis,  and  the  fertilizing 
value  of  the  water  : 

AVERAGE    OF    DAILY    ANALYSIS    OF    COLORADO    RIVER    WATER,  FOR 
SEVENTEEN     MONTHS. 

Total  residue,  suspended   and    soluble  matter  in 

100,000  parts,  278  parts. 

Residue,  soluble  after  evaporation,    -  29      " 

Lime,  mostly  carbonate,  in  one  acre  foot  of  water,  540     pounds. 

Nitrogen,      -  -       6.3        " 
Phosphoric  acid,  i3-8        " 

Potash,  soluble  in  cold  water,  -     10.2 
Potash,  insoluble  in  cold  water,  48.0        " 

Estimating  these  materials  at  the  prices  for  which  they  sell  in  com- 
mercial fertilizers  in  the  eastern  states  : 

6.3     pounds  nitrogen  at  14  cents,  $0.882 

13.8          "       phosphoric  acid  at  7  cents,        -  -      0.966 

10.2          "       potash  soluble  in  cold  water  at  6  cents,  0.6122 
48             u       potash  insoluble  in  cold  water  (estimated) 

at  2  cents,    -  -      0.96 

Fertilizing  value  of  one  acre  foot  of  water,  $3-42 

Note. —Three  acre  feet  will  be  used  in  these  lands. 


20 


APPENDIX   A. 

We  quote  the  following  extracts  from  the  report  of  Mr.  William 
Sutherland,  a  Scotch  land  expert  and  botanist  who  made  a  thorough 
examination  of  the  Andrade  lands  in  1894. 

SOIL. 

"THE  SOIL— ITS  CHARACTER  AND  VARIATIONS.— The  soil  of  the 
valley  lands  of  the  whole  territory  varies  but  little  in  its  composition  and  texture.  It 
cannot  be  otherwise  than  practically  uniform  in  these  respects  when  its  origin  is  borne 
in  mind.  It  owes  its  qualities  not  to  any  of  the  geological  formations  of  surrounding 
regions  but  to  the  various  formations  through  which  the  Colorado  flows.  The  area 
which  the  river  drains  is  estimated  to  be  242,065  square  miles,  and  the  varied  materials, 
organic  and  inorganic,  which  it  collects  in  its  long  course  are  worked  up  into  a  perfectly 
homogeneous  mass  before  they  are  deposited  on  the  Delta  in  the  form  of  silt." 

' '  The  soil  is  sedimentary  of  great  depth  everywhere,  of  greater  depth  than  is  needed 
for  the  purposes  of  husbandry.  Wells  20  feet  deep,  which  in  the  course  of  my  inspection 
of  the  land  I  met  with,  had  not  touched  the  bed  of  impervious  clay  on  which  the  soil  is 
said  to  rest.  It  may  be  described  as  brownish  grey  or  light  brown  sandy  loam,  very 
permeable  to  water  and  air,  yet  retentive  of  the  former  to  such  a  degree  at  all  depths 
from  a  few  inches  below  the  surface  that  ample  moisture  to  sustain  all  the  deep  rooting 
vegetation  was  found  in  all  the  lower  lying  ground  at  the  time  of  our  inspection.  This 
is  a  very  important  fact  viewed  in  connection  with  economy  in  irrigation  practice." 

THE     CLIMATE. 

"I  can  only,  of  course,  speak  of  my  own  experience  of  the  climatic  conditions 
prevailing  in  March.  They  were  perfect.  Every  succeeding  day  was  like  the  one 
preceding  it.  The  days  were  invariably  warm,  bright  and  sunny,  the  nights  cool  and 
refreshing.  We  found  no  inconvenience,  nor  any  ill  result  from  sleeping  in  the  open 
air  at  night,  when  camping  by  the  river.  Dew  fell  in  moderate  quantity.  We  felt  it 
on  our  blankets  in  the  morning  ;  but  no  one  suffered  any  ill  effects  from  it.  The  heat 
of  the  day  was  tempered  by  cooling  breezes  from  several  quarters,  but  chiefly  from  the 
direction  of  the  Gulf." 

"Judging  by  the  erect,  unbiased  growth  of  the  cotton-wood  and  willow  trees  and 
of  the  mesquites,  I  should  conclude  there  were  no  violent  storms  of  wind  at  any  season 
of  the  year,  and  that  winds  do  not  long  prevail  from  any  quarter.  There  were  no  storms 
in  March,  one  of  the  stormiest  months  in  the  year  in  the  northern  hemisphere." 

"CROPS  FOR  THE  COUNTRY.— This  is  a  very  large  subject,  so  much  so  that 
I  can  only  deal  with  it  here  in  a  slight  and  suggestive  way.  All  the  cereals,  fruits, 
vegetables  and  all  plants  of  economic  value  grown  in  the  temperate  parts  of  the  earth 
may  be  grown  successfully  in  the  soil  and  in  the  climate.  Many  also  of  the  fruits  of 
sub-tropical  countries  may  also,  I  believe,  be  introduced  with  success.  It  may  be 
convenient  to  you  if  I  name  such  subjects  as  occur  to  me  along  with  such  remarks  on 
each  as  appear  to  me  to  be  useful  and  suggestive." 

FIELD   CROPS. 

"  WHEAT. — The  State  of  Sonora  is  already  famous  for  producing  the  finest  wheat 
in  Mexico.  (Sonora  adjoins  the  land  under  consideration  on  the  East.)" 

"  RICE. — The  fertility  of  the  soil  and  the  abundant  supply  of  water  are  two  of  the 
essential  conditions  to  the  success  of  this  crop  which  are  assured  in  the  Delta.  The 
climate  is  at  least  equal  to  that  of  the  State  of  Carolina,  which  along  with  Bengal  shares 
the  credit  of  producing  the  finest  rice  of  commerce.  The  variety  grown  in  Carolina, 

21 


•f 


being-  larger  and  better  tasted  than  that  of  Bengal  and  of  Egypt,  would  probably  be  the 
best  to  introduce." 

"MAIZE  OR  INDIAN  CORN.— Of  this  I  should  expect  a  very  fine  sample  and 
an  abundant  yield." 

"  SORGHUM. — This  cereal  in  all  its  varieties,  and  there  are  several,  is  sure  to  do 
splendidly.  The  grain  is  valuable  feeding  for  horses  and  mules,  and  its  straw  a 
superior  fodder  valued  by  stockmen  and  dairymen." 

"  BARLEY  should  do  well  on  the  higher  and  drier  lands." 

"ALFALFA. — Of  this  valuable  hay  or  fodder  crop,  at  least  eight  cuttings  a  year 
may  be  relied  upon  from  such  rich  land  in  such  a  climate,  and  with  such  an  abundant 
supply  of  water.  Here  at  Ledesma,  Mexico,  at  7,000  feet  above  sea  level,  we  get  that 
number  of  cuttings  every  year,  and  our  water  supply  is  wholly  obtained  from  the  storage 
of  the  short  rainy  season  and  is  not  abundant." 

"SUGAR  CANE. — This  should  become  a  leading  field  crop,  and  sugar  manu- 
facture a  thriving  industry." 

"SUGAR  BEET.— This  also  will  succeed." 

"CHILI,  PF.PPER,  OR  PIMIENTO. — Perhaps  no  crop  grown  in  Mexico, 
coffee  alone  excepted,  gives  a  larger  profit  than  the  fruit  of  this  humble  plant.  It 
varies  somewhat  in  price  from  year  to  year,  but  averages  from  $200.  to  $250.  per  acre. 
It  is  a  troublesome  crop  in  the  early  stages  of  development,  requiring  to  be  reared  in 
seed  beds  and  transplanted,  but  these  figures  represent  the  net  profits." 

"TOBACCO. — No  doubt  excellent  tobacco  may  be  grown." 

"  TOMATO. — This  will  thrive  to  perfection,  would  probably  become  perennial  and 
bear  from  the  same  plant  every  year  successively;  but  the  best  fruit  is  always  obtained 
from  plants  raised  from  seed  every  year." 

"  MELONS. — The  musk  and  the  water  varieties  and  every  other  edible  species  of 
Cucubitaceoe  will  be  at  home  in  the  conditions  in  the  Delta." 

"All  the  vegetables  both  rarely  and  commonly  used  in  the  U.  S.  A.  and  Europe 
may  be  produced  in  the  highest  perfection.  More  attention  has  been  given  to  the 
perfecting  of  vegetables  by  careful  selection  of  superior  types  for  seed  bearing  in  Britain, 
especially  in  Scotland,  in  the  case  of  such  kinds  as  can  be  ripened  there,  than  in  any 
other  country.  The  consequence  is  that  British  varieties  of  the  most  common  vegetables 
are  superior  to  anything  of  the  same  kind  in  the  States  ;  while  Mexico  is  perhaps  in 
everything  of  that  kind  more  backward  than  any  other  country  having  such  a  fine 
climate." 

"  Were  British  varieties  of  peas,  onions,  cauliflower,  Brussles  sprouts,  cabbages,  etc., 
etc.,  introduced  to  the  Delta  they  would  not  only  do  well  as  market  crops,  but  the  saving 
of  seeds  would  be  a  profitable  industry  to  those  who  understand  the  work." 

"Kindred  to  this  would  also  be  the  growing  of  popular  flowers  for  seed  saving, 
which  in  a  climate  so  suitable  as  that  of  the  Delta  would  prove  a  lucrative  business." 

"  FRUITS. — In  these  a  wide  field  of  profitable  industry  would  be  opened  up  in  the 
reclaiming  of  the  Delta.  No  other  region  in  temperate  America  can  surpass  it  in  its 
fitness  for  growing  the  finest  quality  of  the  fruits  of  temperate  climates.  I  doubt  if 
any  other  part  equals  it  in  the  uniform  richness  of  its  soil  and  the  inexhaustible  supply 
of  its  fertilizing  water.  I  believe  also  that  it  will  prove  earlier  in  lipening  its  fruits  than 
the  best  parts  of  California,  and  this  is  a  very  important  advantage  in  the  reckoning  of 
profits,  early  produce  always  fetching  the  highest  prices." 

"The  orange,  the  lemon,  the  lime,  and  all  other  of  the  citrus  tribe  will 
succeed  well.  The  conditions  are  especially  favorable  for  these.  The  soil,  rich, 
deep  and  continually  supplied  with  moisture  from  below,  and  the  command  of  ample 
supplies  of  water  for  irrigation,  along  with  the  abundant  sunlight  and  heat,  are  precisely 
what  the  citrus  tribe  delights  in." 

23 


"  GRAPE  VINES. — Splendid  grapes  for  table  may  be  grown  on  the  higher  levels, 
or  indeed  anywhere  except  in  the  lower  lands  near  the  river  which  will  always  be  more 
or  less  affected  with  excess  of  moisture  for  this  fruit  percolating  from  the  river.  I 
cannot  hold  out  prospects  of  superior  wine-producing  grapes  being  grown  except  on  the 
more  gravelly  soil  near  the  Mesa,  or  on  parts  of  the  Mesa  itself,  even  where  the  soil  is 
good,  that  is,  where  the  gravel  is  mixed  with  loam  or  clay.  In  such  parts  if  they  can  be 
conveniently  irrigated  the  best  grapes  for  wine  making  may  be  grown,  but  not  on  the 
rich  deep  bottom  lands.  The  produce  of  these  should  be  unsurpassable  for  table  and 
for  raisins,  sultanas  and  currants.  The  dry  climate,  powerful  sun  and  absence  from 
dust-laden  winds  are  exceptionally  favorable  conditions  for  the  perfect  drying  of  these 
fruits,  the  demand  for  which  is  ever  on  the  increase." 

11  THE  FIG. — This  may  be  grown  in  any  part  of  these  lands  to  perfection  and  the 
produce  may  be  shipped  fresh  or  dried  successfully." 

"THE  PRUNE. — The  several  kinds  of  prunes  and  all  other  plums  will  succeed 
admirably,  and  the  climate  will  render  the  drying  process  easy." 

"THE  PEACH. — Nectarine,  apricot  and  pear  will  all  be  at  home,  and  the  finest 
quality  of  each  may  be  regarded  as  being  assured." 

"THE  CHERRY,  particularly  the  Morello  varieties,  for  the  manufacture  of  cherry 
brandy  and  for  bottling  will  prove  profitable." 

"THE  APPLE  will  doubtless  grow  and  fruit  abundantly,  but  I  fear  the  fruit  will 
be  deficient  in  the  crispness  and  flavor  of  first  rate  quality.  It  will,  however,  be  large 
and  handsome  and  of  good  color." 

"  THE  POMEGRANATE.— Almond,  walnut  and  other  nuts  are  sure  to  do  well." 

"THE  OLIVE. — This  should  prove  a  very  profitable  product  alike  on  account  of 
the  fruit  fresh  and  preserved  and  for  the  manufacture  of  the  oil." 

"  THE  DATE  should  do  well :  it  requires  no  process  of  cultivation,  may  be  planted 
as  an  ornamental  or  shade  tree,  and  in  any  part  of  these  lands  will  look  after  itself, 
requiring  no  irrigation  after  the  first  year." 

"  THE  GUAVA  is  chiefly  valuable  for  the  jelly  of  that  name,  and  for  which  there 
is  a  growing  demand  in  the  American  markets.  I  should  expect  it  to  do  fully  as  well 
in  the  Colorado  Delta  as  in  Southern  California,  where  it  succeeds  admirably." 

"THE  CHERIMOYER,  a  Peruvian  fruit,  succeeds  here  at  our  great  elevation 
above  the  sea,  and  should  do  better  in  the  Delta.  After  the  Mangosteen  of  the  Moluccas 
and  Java,  this  is  regarded  as  the  most  delicious  fruit  known.  Planted  against  walls  and 
trained  to  them,  it  would  certainly  ripen  its  luscious  fruit,  and  would  sell  at  a  premium 
in  the  eastern  cities  of  the  States." 

"STRAWBERRIES. — By  a  judicious  selection  of  early  and  late  fruiting  kinds, 
and  by  making  plantations  at  different  periods  of  the  year,  these  may  be  had  in  per- 
fection from  January  to  December." 

"FIBRE  AND  TEXTILE  PLANTS.— If  further  experience  justifies  all  that 
has  been  said  of  the  '  wild  hemp,'  it  should  be  capable  of  being  developed  into  a 
lucrative  industry  and  prove  a  profitable  product  of  the  soil,  as  its  cultivation  will  be 
the  simplest  imaginable. !> 

"COTTON  may  be  expected  to  do  well." 

"RAMIE  (Bohmeria  nivea),  the  plant  of  the  fibre  of  which  the  famous  'grass 
cloth'  of  the  Chinese  is  made,  may  be  grown  successfully  in  the  Delta,  and  probably  will 
yield  three  cuttings  of  its  stems  a  year." 

"NEW  ZEALAND  FLAX  (Phormium  tenax),  the  fibre  of  which  is  considered 
second  to  no  other  fibre  known  in  respect  of  toughness,  may  be  grown  along  the  banks 
of  the  river,  and  in  wet  soil  anywhere." 

"  SIDA. — Several  species  of  this  genus  of  plants  yield  valuable  fibre.  The  fibre  of 
S.  tilioefolia  is  preferred  by  the  Chinese  to  hemp  ;  they  cultivate  it  and  can  produce  it 

24 


at  less  than  one-fifth  the  price  of  hemp  of  the  best  quality.     I  am  not  aware  of  any 
popular  name  for  this  plant,  nor  the  commercial  name  of  the  fibre." 

"CANAIGRE. — This  is  a  tannin  producing  plant  which  is  attracting  much  atten- 
tion in  the  Southern  and  Western  States  of  the  Union  at  the  present  time.  The  plant  is 
a  dock  or  docken  (rwnex  hymeno-sepahis).  It  is  a  native  of  the  Delta,  especially  around 
the  neighborhood  of  the  volcanoes,  where  it  seems  to  be  well  suited  in  moist  places  near 
the  little  river  there.  It  is  said  to  have  a  preference  for  alkaline  land  with  plenty  of 
moisture  in  it.  It  is  from  the  roots  the  tannin  is  extracted,  and  it  is  said  to  have  great 
value  over  most  other  tannins  for  tanning  fine  leather.  But  I  suspect  there  is  much  yet 
to  learn  concerning  the  relative  value  of  the  product  of  this  and  other  tannin  producing 
plants.  Should  it,  however,  turn  out  to  be  of  value,  the  fact  that  it  is  indigenous 
will  be  an  advantage." 

WM.  SUTHERLAND, 

May  2nd,   1894. 

As  further  evidence  of  the  character  of  the  soil  and  climate  we 
quote  the  following  from  Justin  S.  Moore  of  the  California  Academy 
of  Science,  and  William  Denton,  a  well  known  civil  engineer.  This  is 
the  testimony  of  these  gentlemen  as  given  before  the  U.  S.  Senate 
Irrigation  Commission  in  1890. — 

Mr.  Moore  says  :  "  The  soil  is  of  rich  alluvium,  annually  enriched  by  a  deposit  from 
the  river,  and  a  still  greater  deposit  of  carbonaceous  matter  from  the  decay  of  the  rank 
vegetation.  In  no  portion  of  North  America  have  I  seen  a  soil  that  will  at  all  compare 
with  this  in  fertility.  It  closely  resembles,  however,  the  soil  of  the  Delta  of  the  Nile. 
No  one  who  lides  through  the  rank  growth  of  Sesbania,  Philiberta  and  Tessaria  can  deny 
the  evidence  of  his  senses,  that  in  this  tract  is  to  be  found  as  rich  soil  as  the  earth 
affords,  capable  of  supporting  as  dense  a  population  as  any  region  on  the  globe.  I  have, 
therefore,  no  hesitation  in  saying  that  any  and  all  semi-tropical  plants  may  there  be 
grown  to  the  greatest  advantage  and  with  the  certainty  of  a  large  yield.  Of  the  climate, 
I  can  only  say  that  it  resembles  that  of  the  countries  of  the  Old  World  lying  on  the  same 
isogeothermal  line.  While  it  is  much  warmer  than  the  climate  of  the  coast  region,  it  is 
yet  far  more  pleasant  than  that  about  Fort  Yuma.  This  is  no  doubt  due  to  the  fact 
that  a  constant  current  of  air  is  passing  from  the  Gulf  of  California  to  the  Basin  of  the 
Colorado  Desert ;  this  current  is  more  or  less  laden  with  moisture,  and  so  comes  as  a 
refreshing  breeze.  It  seems  to  me,  in  view  of  all  these  circumstances,  that  no  fairer 
land,  no  richer  soil,  or  better  climate  can  be  afforded  on  this  continent." 

William  Denton  reports  :  "  The  central  portion  of  the  Basin  is  formed  by  alluvial 
and  marine  deposits  from  the  Colorado  River  and  the  Gulf  of  California,  composed  of 
decomposed  vegetable  matter,  lime  and  phosphorous,  a  great  deal  of  it  sufficiently  rich 
to  export  as  a  fertilizer.  It  is  an  erroneous  idea  to  suppose  that  the  Basin  is  a  deposit 
of  alkalies,  when  in  the  Basin  proper  there  is  hardly  any  of  that  commodity.  In  regard 
to  irrigating  this  basin,  I  would  suggest  the  plan  of  dealing  directly  with  the  Colorado 
River  at  a  commanding  point  sufficient  to  water  a  vast  territory  without  the  further  aid 
of  machinery  or  reservoirs,  as  far  as  Colorado  water  is  concerned.  A  greater  portion  of 
the  Colorado  Desert  north  of  the  boundary  line  between  the  United  States  and  Mexico  is 
of  similar  character  to  that  which  I  have  just  described,  having  the  same  composition, 
and  made  from  the  same  sources,  and  with  the  same  climate  and  the  same  necessities, 
requiring  the  same  aid,  labor,  intelligence  and  energy  to  make  it  yield  vast  wealth, 
which  would  appear  nearly  incredible,  making  the  entire  Basin  the  wonder  of  the  West, 
second  in  importance  to  no  Delta  of  the  Nile  or  any  other  area  of  the  same  size  on  earth." 

25 


APPENDIX   C 

JUDGE  Y.  SEPULVEDA,  Mexico  City,  Sept.  7,  1895. 

Mexico  City. 

MY  DEAR  SIR: — Having  secured  from  Gen.  G.  Andrade  an  option 
on  350,000  acres  of  land  in  north-east  Baja  California,  we  come  to  you 
for  the  following  information  : 

ist.  A  certificate  as  to  Gen.  Andrade's  title  to  the  property  he 
proposes  to  convey  to  us  (for  full  description  of  which  please  see 
option  given  by  Gen.  Andrade  to  S.  W.  Fergusson,  of  May  zist,  1895, 
and  now  in  your  possession). 

2d.  Does  the  grant  of  the  Republic  of  Mexico  to  the  said  Andrade 
give  him  full  and  absolute  power  and  authority  to  convey  said  land  to 
me  or  to  any  person  or  corporation  to  whom  I  may  assign  said  option  ? 

3d.  As  a  citizen  of  the  United  States  am  I  under  any  legal  dis- 
ability in  regard  to  owning,  holding  and  operating  the  above  described 
property  ? 

4th.  Would  a  corporation  organized  and  existing  under  and  by 
virtue  of  the  laws  of  any  of  the  states  in  the  United  States  be  under 
any  legal  disability  in  acquiring,  holding,  operating  and  conveying 
said  tract  of  land  ? 

5th.  If  by  virtue  of  the  laws  of  Mexico  the  answer  to  questions 
3  and  4  is  "yes,"  then 

6th.  What  is  your  advice  in  the  premises,  taking  into  considera- 
tion the  following :  a.  that  we  wish  to  acquire  perfect  title  to  the  lands 
described  ;  b.  it  is  then  our  intention  to  construct  and  operate  a  system 
of  irrigation  for  the  purpose  of  reclaiming  said  lands ;  c.  we  will  more 
than  likely  conduct  extensive  farming  operations  for  the  purpose  of 
experimenting  and  demonstrating  in  a  practical  way  what  the  lands 
described  are  especially  adapted  to,  and  as  soon  as  we  can  deliver 
water  for  irrigation  purposes  we  expect — d.  to  sub-divide  and  sell 
lands  to  colonists  whom  we  may  procure  from  the  United  States, 
Canada,  and  Europe,  and  in  fact  we  will  make  an  effort  to  secure 
desirable  settlers  from  all  parts  of  the  civilized  world. 

6th.  What  provisions  do  the  laws  of  Mexico  make  for  companies 
or  individuals  proposing  to  operate,  as  we  do,  i.  e.,  statutory  provisions 
for  concessions  of  every  nature  and  kind? 

yth.  What  are  the  necessary  steps  to  be  taken  whereby  we  will 
be  enabled  to  place  the  project  intelligently  before  the  people  whom 
we  hope  to  interest,  in  order  to  secure  capital  sufficient  to  inaugurate 
and  carry  to  a  successful  issue  the  enterprise  as  outlined  above? 

26 


8th.  Having  in  view  the  fact  that  we  are  not  at  the  present  time 
prepared  to  make  any  definite  proposition  to  the  Mexican  Govern- 
ment, would  it  be  possible  to  obtain  any  guarantee  from  said  Govern- 
ment in  writing,  as  to  the  nature  or  character  of  concessions  which 
may  be  afforded  us  in  the  event  we  prepare  ourselves  to  make  over- 
tures to  the  Government  as  indicated  in  the  outline  given  above? 

9th.  Are  there  any  laws  or  treaty  stipulations  between  the  Re- 
public of  Mexico  and  the  United  States  which  would  in  any  way 
interfere  with  the  diversion  and  use  of  the  waters  of  the  River 
Colorado  for  irrigation  purposes  in  either  of  the  Republics  ? 

loth.  Has  the  Republic  of  Mexico  a  code  of  irrigation  laws?  If 
so,  can  you  furnish  me  a  brief  digest  of  the  same  for  discussion  in  the 
present  instance  and  for  future  reference  ? 

nth.     Baja  California  being  under  territorial  jurisdiction,  would 
it  be  possible  to  secure  an  Act  or  Acts  of  Congress  on  the  subject  of 
irrigation,  which  would  undertake  to  supply  any  deficiency  or  fault 
which  may  be  found  to  exist  in  the  present  laws  on  that  subject? 
Respectfully  submitted, 

(Signed),         S.  W.  FERGUSSON. 


City  of  Mexico,  Sept.  lyth,  1895. 
MR.  SAMUEL  W.  FERGUSSON. 

MY  DEAR  SIR  : — I  enclose  opinion  as  to  title  of  Andrade  property, 
and  answers  to  questions  propounded  ;  also,  form  of  colonization  con- 
tract with  regulations,  and  synopsis  of  water  concessions. 

If  I  have  failed  to  cover  any  point  suggested  by  you,  be  pleased  to 
call  my  attention  to  it,  as  well  as  to  any  new  matter  you  may  desire. 
With  best  wishes,  I  am,  sincerely  yours, 

(Signed),  Y.  SEPULVEDA. 


City  of  Mexico,  Sept. 1895. 

MR.  SAMUEL  W.  FERGUSSON. 

MY  DEAR  SIR  : — Agreeable  to  your  request,  I  have  examined  the 
records  of  the  Government  to  ascertain  the  condition  of  the  title  of 
Mr.  Guillermo  Andrade  to  the  lands  you  have  contracted  to  acquire 
on  the  Colorado  River,  lying  in  the  territory  of  Lower  California. 

The  records  develop  the  following  facts : 

On  the  5th  day  of  March,  1888,  Mr.  Andrade  executed  a  document 
to  the  Government  of  Mexico,  whereby  the  contract  for  colonization, 

27 


entered  into  on  the  nth  of  January,  1878,  with  the  Mexican  Agricul- 
tural, Industrial  and  Colonization  Company  of  lands  on  the  Colorado 
River  was  rescinded  and  ended  ;  it  appearing  that  said  company  had 
not  complied  with  the  terms  stipulated  and  was  not  in  a  position  to 
comply  further  with  said  contract.  The  land,  as  a  result  of  this 
rescision,  reverted  to  the  Government  absolutely. 

On  the  8th  of  March,  1888,  Mr.  Andrade  deeming  it  probable  that 
he  could  colonize  individually  or  by  means  of  associates,  part  of  the 
land  that  had  thus  reverted  to  the  Government,  made  a  contract  with 
the  proper  authority  to  purchase  185,000  hectareas,  about  460,000 
acres,  being  part  of  the  land  included  in  the  rescinded  contract.  The 
contract  of  the  8th  of  March,  enumerated  in  detail  the  different  pieces 
of  land  the  sale  of  which  were  stipulated,  and  fixes  the  price  to  be 
paid  to  the  Government  therefor.  In  accordance  with  the  last  men- 
tioned contract,  a  regular  and  valid  deed  was  executed  by  the  President 
of  Mexico,  on  the  yth  day  of  August,  1888.  This  deed  specifies  the 
quantity  of  land  conveyed  to  Mr.  Andrade,  its  location  according  to 
the  map  on  file,  recites  the  fact  that  due  payment  has  been  made  by 
Mr.  Andrade,  and  grants  him  the  full  ownership  of  said  lands.  In 
looking  over  the  record  it  appears  that  the  lands  are  accurately  set 
forth  in  a  map  with  different  colors,  corresponding  with  the  recitals  of 
the  description  contained  in  the  final  deed  of  the  President  of  Mexico, 
and  embrace  the  lands  contracted  with  you  by  Mr.  Andrade,  on  the 
2ist  day  of  May,  1895. 

In  addition  to  the  185,000  hectareas,  Mr.  Andrade  denounced 
according  to  law,  some  lands  situated  between  the  five  sections,  Port 
Santa  Ysabel  and  section  one  in  the  state  of  Sonora  ;  these  lands  being 
described  as  located  between  Santa  Ysabel  and  Colonia  Lerdo  on  the 
south  of  this  last,  being  at  the  left  bank  of  the  Colorado  River.  The 
quantity  of  this  last  mentioned  tract  so  denounced,  embraces  21,722 
hectareas,  (about  53,000  acres).  The  proceedings  of  the  above  de- 
nouncement are  regular,  and  the  Government  approved  the  same. 

It  results  from  a  careful  investigation  of  the  matter,  that  the  title 
by  valid  deed  to  the  land  you  have  contracted  to  purchase  from  Mr. 
Andrade  is  vested  legally  and  absolutely  in  him;  that  he  has  the 
unquestionable  right  to  sell  the  same,  and  that  any  foreign  company 
organized  can  purchase  and  acquire  title  according  to  Mexican  law  by 
means  of  a  colonization  grant,  and  be  fully  vested  with  the  rights  of 
ownership. 

2.  The  grant  of  the  Mexican  Government  to  said  Andrade  vests 
in  him  full  and  absolute  power  and  authority  to  convey  said  lands  to 
you  or  to  any  other  person  or  corporation  that  you  may  assign  the 
option. 

28 


3-  As  a  citizen  of  the  United  States,  you  are  under  no  legal  dis- 
ability to  own,  hold  and  operate  the  said  lands,  save  that  as  an 
individual  you  have  to  obtain  permission  of  the  President  of  Mexico, 
to  acquire  the  same,  because  said  lands  are  located  within  twenty  (20) 
leagues  of  the  boundary  line. 

4,  5,  6.  A  corporation  organized  in  the  United  States,  by  virtue 
of  the  laws  of  any  of  the  states  of  said  country,  may  acquire,  hold  and 
operate  and  convey  said  tract  of  land  by  obtaining  a  colonization  grant, 
either  directly,  or  through  Mr.  Andrade,  before  sale,  and  in  the  latter 
case,  this  gentleman  can  assign  to  the  foreign  company  as  the  law  es- 
pecially authorizes  him  for  this.  Then  the  foreign  company  enjoys 
all  the  privileges  and  franchises  that  the  Colonization  Law  confers. 
That  you  may  be  acquainted  with  the  nature  of  a  colonization  grant 
and  all  the  rights  it  confers,  I  annex  the  form  in  which  the  Government 
will  grant  it,  and  also  a  list  of  articles  which  the  law  of  colonization 
will  allow  free  of  duty  in  their  importation. 

The  Government  also  grants  to  individuals  or  companies,  the  right 
to  construct  canals  for  diverting  the  waters  of  rivers  for  the  purpose 
of  irrigation.  I  annex  a  synopsis  of  law  in  this  regard. 

8.  The  Government  is  compelled  to  grant  you  a  colonization  con- 
tract which  will  cover  all  the  operations  you   desire  to   undertake. 
Being  preferable  for  Mr.  Andrade  to  obtain  it  and  then  assign  it  to 
the  company  you  may  organize. 

The  obligation  of  Mr.  Andrade  to  obtain  the  colonization  contract 
is  imposed  on  him  by  the  additional  article  executed  by  him  before 
the  Mexican  Notary. 

9.  There  are  no  laws  or  treaty  stipulations  between  Mexico  and 
the  United  States  as  to  the  diversion  of  and  use  of  the  waters  of  the 
Colorado  River  for  irrigation  purposes,  and  the  usual  tenets  of  inter- 
national law  would  control  the  matter. 

10.  Mexico  has  not  general  irrigation  laws,  except  the  grants  it 
confers  for  the  diverting  of  water,  a  synopsis  of  which  I  attach  to  this 
opinion. 

11.  It  could  hardly  be  feasible  to  obtain  a  special  legislation  for 
irrigation  in  Lower  California,  and  you  would  be  controlled  by  the 
common  law  in  this  respect,  which  furnishes  ample  field  for  the  uses 
you  desire. 


FORM     OF 

MEXICAN  CONTRACT  OF  COLONIZATION, 

REFERRED    TO    BY    JUDGE    SEPULVEDA. 


ARTICLE  i.  In  conformity  with  the  prescriptions  of  Article  28,  of 
the  law  of  December  isth,  1883,  Mr.—  —is  authorized  by  himself 
or  the  company  he  may  organize,  to  colonize  the  lands  he  may  own  in 
the  territory  of  Lower  California. 

ART.   2.     The    company    binds    itself    to    establish    in   said  lands, 
within  ten  years  from  the  publication   of  this  contract,  at  least — 
colonists,  establishing  the  first  colonists  within  t\*o    years    from  the 
first  publication  of  this  contract. 

ART.  3.  In  conformity  with  jthe  provisions  of  Article  yth  of  the 
present  Colonization  Law,  the  colonists  established  by  the  company 
shall  enjoy  for  ten  years,  computed  from  the  date  of  their  first  estab- 
lishment, the  following  exemptions: 

I.  Exemption  from  military  duty. 

II.  Exemption  from  all  taxes  except  the  stamp  tax  and  municipal 
taxes. 

III.  Personal  exemption,   and  untransferable,  of  importation  and 
interior  duties,  of  all  provisions  where  there  are  none  ;    agricultural 
implements,  tools,  machinery,  chattels,  construction  materials  for  dwel- 
ling houses,  furniture  for  their  use,  breeding  and  blooded  animals,  for 
the  use  of  the  colonists. 

IV.  Personal  and  untransferable  exemption  from   duties  on  the 
exportation  of  the  products  raised  by  them. 

V.  Prizes  for  notable  works  and  special  protection  for  the  intro- 
duction of  a  new  industry  or  cultivation. 

VI.  Exemption  from  fees  for  legalization  of  signatures  and  issuance 
of  passports  that  Consular  Agents  may  execute  to  individuals  who  may 
come  to  the  Republic  for  the  purpose  of  colonizing. 

ART.  4.  The  company,  pursuant  to  Article  25th  of  said  Coloniza- 
tion Law,  of  i5th  December,  1883,  except  fractions  V  and  VI  of  same, 
shall  enjoy  for  ten  years  computed  from  the  establishment  of  the  first 
colonists,  the  following  franchises : 

I.  Exemption  from  all  taxes,  except  the  stamp  tax,  of  the  capital 
invested  by  the  company  for  the  exclusive  purpose  of  colonization. 

II.  Exemption  from  port  duties,  except  those   imposed   for  the 
improvement  of  port,  and  pilotage,  on  all  vessels  that  may  on  account 
of  the  company  bring  colonists  to  the  Republic. 

III.  Exemption    from    the   duties   of   importation   of   all   tools, 
machinery,  construction  materials,  work  and  breeding  animals,  for  the 
use  of  the  colonists. 

3° 


IV.  Discount  allowed  on  prices  of  passage  of  colonists  on  steamers 
or  railroad  lines  belonging  to  companies  with  whom  the  Government 
has  stipulated  such  discount  for  the  reason  that  they  are  subsidized  by 
the  Government. 

V.  The  importations  mentioned  in  preceding  articles,  will  be  made 
in  conformity  with  the  regulations  of  the  iyth  of  July,  1889,  and  the 
company  shall    not   be  entitled  to  the  same  until  it  proves  that  the 
colonization  has  commenced. 

ART.  6.  The  company  binds  itself  in  pursuance  of  Article  28  of 
said  law  of  December  i5th,  1883,  to  furnish  either  by  concession  or 
sale  to  each  colonist  a  lot  of  land  of  not  less  than  five  hectareas, 
(12^2  acres). 

ART.  7.  The  contracts  that  the  company  may  enter  into  with  the 
colonists,  must  be  according  to  law,  and  shall  be  approved  by  the 
Department  of  Fomento. 

ART.  8.  To  guarantee  the  obligations  mentioned  in  this  contract, 
the  company  shall  make  a  deposit  in  the  National  Mexican  Bank  of 
the  sum  of,  say,—  — ,  equivalent  to  about —  — gold  in  securi- 
ties of  the  public  debt  within  sixty  days  after  the  publication  of  this 
contract,  which  amount  shall  be  lost  in  case  of  forfeiture  of  contract. 

ART.  9.  The  company  shall  be  considered  Mexican,  and  be  subject 
to  courts  of  Mexico. 

ART.   io.     This  contract  will  be  declared  forfeited — 

I.  If  deposit  is  not  made  as  provided  in  Article  8. 

II.  By   not   establishing   the  number  of  colonists  referred  to  in 
Article  2,  and  within  the  time  therein  mentioned. 

III.  By  transferring,  mortgaging  or  alienating  the  rights  conferred 
by  the  present  contract  to  an  individual  or  to  a  company  without  per- 
mission of  the  Government. 

IV.  By   transferring,   mortgaging,  or  alienating  said  rights  to  a 
foreign  government  or  state,  or  by  allowing  it  to  become  a  partner  in 
the  undertaking. 

ART.  IT.  In  case  forfeiture  is  declared  for  the  reasons  stated  in 
paragraph  II,  the  company  in  addition  to  the  forfeiture  of  the  deposit, 
shall  pay  as  penalty  $40  in  government  securities  for  each  colonist  it 
fails  to  establish. 

In  case  of  forfeiture  on  account  of  paragraph  III,  the  company 
shall  lose  the  deposit ;  and  in  case  of  paragraph  IV,  the  company 
shall  lose  deposit  and  all  rights  and  property  it  has  in  the  territory. 

ART.  12.  The  colonists  that  have  been  legally  established  by  the 
company  shall  enjoy  all  the  franchises  granted  by  the  Colonization 
Law,  even  though  the  company  forfeits  theirs. 


Regulations  of  July  I7th,   1889,   referred  to  in  Article   5th 
of  the  Colonization  Contract. 


The  following  articles  are  free  of  duty  for  colonists  and  companies 
dealing  with  the  Government  in  colonization  contracts  : 

Oil,  garlic,  peas,  rice,  oats,  sugar  of  all  kinds,  coffee  of  all  kinds, 
salted  and  smoked  meats  and  hams,  barley,  onions,  beans,  fresh  fruits 
and  vegetables,  crackers,  chick  pea,  flour  made  from  all  cereals,  con- 
densed milk,  lentils,  corn,  lard,  butter,  powdered  mustard,  potatoes, 
preserved  food,  pepper,  salt,  tea  of  all  kinds,  starch,  vinegar,  piping 
made  of  clay,  brick,  flagstones  or  pavements,  whetstones,  glass  for 
windows  or  doors,  gypsum,  wheelbarrows,  wagons  and  carts  of  all 
sizes,  axle-trees,  steel  or  iron,  harnesses  for  common  use,  wire  for 
fencing,  nails,  locks,  hinges,  keys,  screws,  iron  and  clay  roofing,  bel- 
lows, tools  of  all  kinds,  and  handles  for  same,  stoves  and  their  pipes, 
horse-shoes,  windmills  of  all  kinds  to  get  water,  pulleys,  iron  beams 
for  binding  houses,  zinc  for  roofing,  machinery  and  accessories,  geld- 
ings, brooms,  lumber,  doors  and  windows,  tents  of  all  kinds  with  their 
posts. 

Colonists  shall  also  enjoy  on  their  arrival  freedom  from  duties  on 
the  furniture  they  bring,  and  all  utensils  and  articles  for  house  use. 

To  import  above,  application  is  made  to  Fomento,  order  then  is 
given  to  Custom  House,  Consular  invoice  is  required. 

WATER  CONCESSION. 

1.  The  Government  grants  to  individuals  or  companies  the  right 
to  use  the  waters  of  federal  jurisdiction  for  the  purposes  of  irrigation, 
or  as  a  power  to  be  applied  to  any  industry. 

2.  Map   and    description   of   work   to    be    done    and   filed   with 
petition. 

3.  Tariff   rates  to  be  charged  for  water  to  be  approved  by  the 
Government. 

4.  The  grantees  enjoy  for  five  years  the  following  franchises  and 
exemptions  : 

I.  Exemption  from  all  federal  tax,  except  stamp,  of  all  capital 
employed  in  the  work,  and  repairs  of  same. 

II.  Importation  free  of  duty,  only  once,  of  all  machinery,  scien- 
tific instruments  and  apparatus  for  the  work. 

III.  Right  to  use  all  Government  land  for  the  canals,  reservoirs 
or  dikes. 

IV.  Right  of  eminent  domain.     Law  of  4th  of  June,  1894. 

32 


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